Page 1/3- Newly Dis.

Evidence to OIP; Re: DOJ-AP-2017-002520- 04/04/2017

-Letter with Newly Discovered Evidence to Office of Information Policy citing

Legal Basis to Support FOIA Request and Appeai--
*******Freedom of Information Act Appeal*******
FOIAAppeal # DOJ-AP-2017-002520
APPEAL and Response to FOIA Request to Executive Office for
United States Attorneys- Re: FOIA-2016-03570
Tuesday, April4, 2017 - 02:20AM
IATTN: Director . II OGIS Mediation Case No. 201701674
1
1
OtTtce of Information Policy (OIP)
1 , Office of Government Information Services
IUnited States Department of Justice INational Archives
11425 New York Avenue, NW, Suite 11050 J8601 Adelphi Road-OGIS
IWashington, DC 20530-0001 I College Park, Maryland 20740-6001
IPhone: (202) 741-5770
I Phone: (202) 514- 3642 (FOIA)
i Fax: (202) 741-5769
IFax: (202) 514-1009
IFOIAAppeal Case No. DOJ-AP-2017-002520 I
I
CC: Omce of the Inmector General
1 Washington, D.C. 20530-0001
IU.S. Department of Justice IPhone: (202) 514-3435
\950 Pennsylvania Avenue, N.W., Suite 4706 1 Faxed to: (202) 514-4001
ICC: omce of Professional Responsibility IWashington, DC 20530-0001
1 U.S. Department of Justice IPhone: (202) 514-3365
j950 Pennsylvania Avenue, N. W., Suite 3529 J Faxed to: (202) 514-5050

Dear Office of Information Policy (OIP), Re: Case No DOJ-AP-2017-002520,

I have just received newly discovered evidence that further backs and proves my
claim that the North Carolina State Bureau of Investigation (N.C. SBI) was involved in
my Federal Case. That would mean that there would be some kind of report within the
U.S. Attorney's official case records aka the case file concerning my indictment and the
prosecution against me.

I have just received yesterday, on April 3, 2017, a FOIA response envelope from the
FOIA Office of the U.S. Department of Homeland Security (DHS), U.S. Immigration and
Customs Enforcement (ICE). They released five pages of material, and one such page
references the involvement of the SBI in my criminal indictment and arrest by U.S. DHS
Special Agent Brian Dexter who works in Winston-Salem for the U.S. Department of
Homeland Security, ICE's Homeland Security Investigations (HSI). They never :Oagged
my ex-IP Address for suspected illegal activities, which further proves that the entire
criminal case was cooked up by the Mayodan Police Department, and the N.C. State
Bureau of Investigation (SBD that has a history of manufacturing evidence or doctoring
up forensic evidence. The SBI using questionable forensic work in my particular case.
 Page 2/3 - Newly Dis. Evidence to OIP; Re: DOJ-AP-2017-002520 - 04/04/2017

I shall cite from a 1-Page excerpt of the five-page FOIA records release. ROI and
any other identifiable number is redacted, so you may ask to verity the authenticity of the
attached ''newly discovered evidence" by asking the ICE FOIA Office to give you a copy
of the 5-page found records pursuant to FOIA Request# 2016-ICF0-5815.

2016-ICF0-5815 FOIA records release (12/2212016 09:58 EST, Page 2 of2): "On
1212012013 at approximately 1300 hours, Brian David Hill was taken into custody by SA{(k)
U with HSI And IFO SA{(k)(2} with NC SBI at the Martinsville Memorial Hospital in
Martinsville, VA "

So it does admit that it did say "NC SBI" which of course stands for the North
Carolina State Bureau of Investigation. This further proves that my Federal indictment
was partially caused by the testimony and/or any evidence created or reported by SBI
Special Agent Rodney V. White, and that is pertinent to my criminal case and discovery
packet. Pertinent to my original FOIA Request with the EOUSA, which I am appealing.

Just to state on the record to the U.S. Department of Justice, it stated that I made
possible threats of violence against the law enforcement of Mayodan, NC, which is
exagprated in my tmthful qpinion. At that time I was contemplating committing suicide
after I had found out in December of 2013, that there was a Warrant for my Arrest. I
knew I was being framed with child porn and that I would get a Public Defender who I
knew would not do anything to prove my Innocence, so it was logical for me to mentally
break down, attempt to commit suicide. The HSI report makes it sound like I threatened
Mayodan Police, but the truth was I was in a bad situation because I knew I was being
framed with child porn and thought my young life was going to end at age 23. That is why
I am fighting right and left to prove my Actual Innocence so that I can keep my sanity
and not just kill myself. So for them to allegedly claim that I threatened against "Jaw
enforcement of Mayodan, NC, is exaggerated and just another attempt to further ruin my
life. I know for a FACT that I was the target of Mayodan -Police because of writing
articles about their selfish Town Attorney and state Senator Philip Edward Berger Senior
while his son was District Attorney over that same County so it was a conflict of interest
(COl) for him to even be involved in my child porn case. He was involved until it was
turned over to the U.S. Attorney and copy given to the Rockingham County DA which
was none other than Phil Berger Junior who didn't attempt to recuse himself, so that
means he was involved until it was fded with the U.S. Attorney, biased and partial.

I am willing to admit whatever is the truth, because I am not a pedophile, I am

innocent. I almost committed suicide in 2013 because I am not a pedophlle and knew that
Mayodan Police was going to assassinate my character by lying about me and getting
De.pt. of Homeland Security HSI involved. HSI even ended their investigation shortly
after arresting me. They didn't feel it was worth taking over the investigation that was
started by the District Attorney Office of Phil Berger Junior, Reidsville, NC Police
Detective Robert Bridge whom his sister works for the District Attorney, and Mayodan
 Page 3/3 -Newly Dis. Evidence to OIP; Re: DOJ-AP-2017-002520- 04/04/2017

Police Department, all of them which are connected to one or more family members of the
Phil Berger political Family in North Carolina.

Anyways, I have found out that the Anti-Terrorism and E:ITective Death Penalty Act
(AEDPA) limits my Habeas Corpus rights under filing a Section 2255 Motion. I am citing
the 1-year deadline to file any ground other than Actual Innocence. That time has passed
so I have no right to bring up any of my Due Process deprivation while I was
incarcerated. My only option left is proving my Actual Innocence.

I cannot PRQVE MY ACTUAL INNOCENCE without access to my entire

criminal case discovery packet concemint: any agd all materials that would be
favorable to tbe Defense and would concern possible evidence of guilt in my case. Under
Brady v. Maryland, I am entitled by-law and my rights under the Fourteenth
Amendment, to the entire discovery packet of evidence concerning what was used to
convince a Grand Jury that I am guilty of possession, and that I now have the burden of
proving the Affirmative Defense of "Frame Up" which is Actual Innocence. The whole
PURPOSE of my FOIA Request fded with the U.S. Attorney Office of Greensboro, NC,
and the Executive Office for U.S. Attorneys (Citing FOIA Request no. FOIA-2016-03570),
was ONLY TO PROVE MY ACTUAL INNOCENCE by coming up with the Affirmative
Defense of Frame Up. Under the 2255 Motion and the rules offding such Motion, I really
only have the privilege of fding this MOTION for one time only, and by failing would
mean that I would have no right to me a second or successive 2255 Motion upon being
granted such right by the U.S. Court of Appeals of the Fourth Circuit. I only have one
chance to file a 2255 Motion. I need to build a case of Actual Innocence, to build FACTS
concerning my innocence. I cannot build facts without getting access to or a copy of my
"confession Audio CD" which I also specifically requested in my original FOIA Appeal. I
also had requested the SBI Case File by Special Agent Rodney V. White. Both of those are
the most-needed records to build a successful case of Actual Innocence. If the FOIA
Appeal fails, then all of my Constitutional rights thanks to misappropriation of the Adam
Walsh Act, and the Anti-Terrorism and Effective Death Penalty Act both have violated
and deprived me of all Constitutional rights concerning proving my innocence to a crime
that I was indicted on. I need aU of the discovery packet that the U.S. Attorney Office has
in their records. Without any evidence to build a case before :filing my 2255 Motion, it will
highly likely fail without any credible factual claims since the evidence is secretly withheld
from me in full (WIF). I have a right to all of my discovery packet to prove my Innocence.
Thank You & Sincerely,
Brian D. Hill
Former news reporter & Founder ofUSWGO Alternative News
Home Phone #: (276) 790-3505
310 Forest Street, Apt. 2. Martinsville, VA24112

Attachment/Enclosure:
1. 2016-ICF0-5815 FOIA record (12/22/2016 09:58 EST, Page 2 of2) -1-Page Excerpt
 DEPARTMENT OF HOMELAND SECURITY
HOMELAND SECURITY INVESTIGATIONS
REPORT OF tNVESTIGATtON
OFFICIAL USE ONLY I LAW ENFORCEMENT SENSITIVE

12.2212016 09:58 EST Page 2 of 2

DETAILS OF INVESTIGATION

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20161CF058156 5of5
 Freedom of Information Act Office

U.S. Department of Homeland Seeurity

500 12th St SW, Stop 5009
Washington, DC 20536

o U.S. Immigration
"' and Customs
Enforcement
March 30, 2017
Brian Hill
310 Forest Street
Apt. 2
Martinsville, VA 24112

RE: ICE FOIA Case Number 2016-ICF0-58156

Dear Mr. Hill:

This letter is the final response to your Freedom oflnformation Act (FOIA) request to U.S.
Immigration and Customs Enforcement (ICE), dated September 02, 2016, for all records
maintained by ICEIHSI pertaining to BRIAN DAVID HILL, DOB 05/26/90 SSN:591-98-xxxx
and any investigations regarding the use of IP address: 24.148.156.211 (Date Range for Record
Search: From 05/01/2012 To 08/31/2012).

ICE has considered your request under both the FOIA, 5 U.S.C. 552, and the Privacy Act, 5
U.S.C. 552a. Information about an individual that is maintained in a Privacy Act system of
records may be accessed by that individual 1 unless the agency has exempted the system of
records from the access provisions of the Privacy Act. 2

A search of the ICE Homeland Security Investigations (HIS) for records responsive to your
request produced 5 pages that are responsive to your request. After review of those documents,
ICE has determined that 0 pages will be released in their entirety. Portions of 5 pages will be
withheld pursuant to Exemptions of the Privacy Act and FOIA as described below. Additionally,
ICE was unable to locate any records pertaining to the use ofiP address: 24.148.156.211.

Privacy Act Exemption (k)(2) protects investigatory material compiled for law enforcement
purposes, other than criminal, which did not result in loss of a right, benefit or privilege under
Federal programs, or which would identify a source who furnished information pursuant to a
promise that his/her identity would be held in confidence.

ICE has applied FOIA Exemptions 6 and 7(C) to protect from disclosure the names, e-mail
addresses, and phone numbers of DHS employees contained within the documents.

FOIA Exemption 6 exempts from disclosure personnel or medical files and similar files the
release of which would cause a clearly unwarranted invasion of personal privacy. This requires a
balancing of the public's right to disclosure against the individual's right to privacy. The privacy

1 5 U.S.C. 552a(d)(l).
2 5 U.S.C. 552a(d)(5), G), and (k).
ICE FOIA Number 2016-ICF0-58156 Page 2 of3

interests of the individuals in the records you have requested outweigh any minimal public
interest in disclosure of the information. Any private interest you may have in that information
does not factor into the aforementioned balancing test.

FOIA Exemption 7(C) protects records or information compiled for law enforcement purposes
that could reasonably be expected to constitute an unwarranted invasion of personal privacy.
This exemption takes particular note of the strong interests of individuals, whether they are
suspects, witnesses, or investigators, in not being unwarrantably associated with alleged criminal
activity. That interest extends to persons who are not only the subjects of the investigation, but
those who may have their privacy invaded by having their identities and information about them
revealed in connection with an investigation. Based upon the traditional recognition of strong
privacy interest in law enforcement records, categorical withholding of information that
identifies third parties in law enforcement records is ordinarily appropriate. As such, I have
determined that the privacy interest in the identities of individuals in the records you have
requested clearly outweigh any minimal public interest in disclosure of the information. Please
note that any private interest you may have in that information does not factor into this
determination.

ICE has applied FOIA Exemption 7(E) to protect from disclosure internal agency case numbers
contained within the document.

FOIA Exemption 7(E) protects records compiled for law enforcement purposes, the release of
which would disclose techniques and/or procedures for law enforcement investigations or
prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if
such disclosure could reasonably be expected to risk circumvention of the law. I have
determined that disclosure of certain law enforcement sensitive information contained within the
responsive records could reasonably be expected to risk circumvention of the law. Additionally,
the techniques and procedures at issue are not well known to the public.

If you are not satisfied with the response to this request, you have the right to appeal following
the procedures outlined in the DHS regulations at 6 C.F.R. 5.9. Should you wish to do so, you
must send your appeal and a copy of this letter, within 90 days of the date of this letter, to:

U.S. Immigration and Customs Enforcement

Office of the Principal Legal Advisor
U.S. Department of Homeland Security
500 12th Street, S.W., Mail Stop 5900
Washington, D.C. 20536-5900

Your envelope and letter should be marked "FOIA Appeal." Copies ofthe FOIA and DHS
regulations are available at www.dhs.gov/foia.

Provisions of the FOIA and Privacy Act allow us to recover part of the cost of complying with
your request. In this instance, because the cost is below the $14 minimum, there is no charge. 3

3 6 CFR 5.ll(d)(4).
ICE FOIA Number 2016-ICF0-58156 Page 3 of3

If you need any further assistance or would like to discuss any aspect of your request, please
contact the FOIA office refer to FOIA case number 2016-ICF0-58156. You may send an e-mail
to ice-foia@ice.dhs.gov, call toll free (866) 633-1182, or you may contact our FOIA Public
Liaison in the same manner. Additionally, you have a right to right to seek dispute resolution
services from the Office of Government Information Services (OGIS) which mediates disputes
between FOIA requesters and Federal agencies as a non-exclusive alternative to litigation. If
you are requesting access to your own records (which is considered a Privacy Act request), you
should know that OGIS does not have the authority to handle requests made under the Privacy
Act of 1974. You may contact OGIS as follows: Office of Government Information Services,
National Archives and Records Administration, 8601 Adelphi Road-OGIS, College Park,
Maryland 20740-6001, e-mail at ogis@nara.gov; telephone at 202-741-5770; toll free at 1-877-
684-6448; or facsimile at 202-741-5769.

Sincerely,

Catrina M. Pavlik-Keenan
FOIA Officer

Enclosure(s): 5 page(s)